The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-04-26

they obtain license from the Marshal deputy
hereinafter provided authorizing the intending purchaser
opium or any preparation thereof
The Minister authority
to make rules and regulations for the proper regulation
sale of opium preparations under this and such rules
and regulations being duly published shall have the
and effect of law upon any violation thereof the party
parties violating shall be subject the penalties
provided Section years. which
the length which such license shall be granted
shall be stated in the license
Section hereby conferred upon Police
District Magistrates all which may
arise under this Act.
Section TO- half the money penalties provided by
this Act shall be paid the party who gave the information
which led to the conviction of the offender fined.
All laws parts conflict with the
of this Act shall be and the hereby repealed
provided however that should license be issued
provisions Act, that then
be deemed shall repeal Chapter Sc of the
1874 amended by Chapter SO of the laws of 1876 Chap
Is of the laws of 1880.
that the effect of this remove many
of the restrictions relating the Importation and opium
and it's preparations existing the time the law enacted
One other person in addition those persons authorized
under the then existing law authorized obtaining
license import and sell opium and preparations
of four years upon paying the license fee mentioned the
Act.
And although may be urged that where parlia
gives authority to One person expressly all others
authority import and sell OPIUM &C., under this
elusive the censee and this construction will be
conflict with the preceding laws the subject that in fact
this merely enables other person deal in this
poisonous drug.
And this view is further confirmed by Section which pro-
vides SELL &c.
to any person who has not received certificate
(Which may prescpon) from physician stating
that opium the proper remedy for the disease from which
the bearer is suffering"
being express avoiding Section of the
of 1874 there nothing in this Act in conflict with that
section physicians persons
the law of 1880 controlled by that section
and not prescribe to persons in the habit of smoking
using opium &C.
illustrating this will consider
and compare with Chapter LXXVII of the Penal Code.
This section provides keep record of
sales in which he is to the of all persons
he has sold OPIUM the date and quantity the of
the physician issuing the certificate escron and its date
and the hcensee give the purchaser receipt &C.
This record be kept by the censee under this Act
prescribed in the said chapter the provisions
lin this respect only) in conflict with this law
Section prescribes punishment of fine of not less than
thousand than five thousand dollars and mpris
hard labor for than years less than
years. upon any person not having license who shall
sell furnish opum &c. any persons contrary
aa therefore follows that this penalty may inflicted
upon any licensed authorized sell furnish opium
under this law any of those previously mentioned
who shall comply in all respects with sell contrary
the terms of those laws.
any person who shall have possession any opium contrary
the provisions of Section B. but that section does not i'm
any duty the purchaser the decision arrived at in the
Manuel B must be followed and must be declared
punishment for the possession of opium be
inflicted under that section.
have consider whether having opium possession
under the law of 1874 amended by the Act No
XVIII of 1890
This is the only law which makes the possession of opium
oense and possession necessary conviction be
contrary the Section of that Act hereinbeoe
out.
Now does the Act 1886 conflict with this section?
In constituting this Act must take into consideration the
of the Legislature far such intention be
gathered from the text of the Act ITSELF and give effect to
the Act if possible.
The Legislature has attempted deal with and prescribe
punishment for persons having opium in their possession but
have already stated, have not done effectively 1t
may be the effect of previous legislation not in the minds
of the legislative body but cannot this On the
contrary that with the whole
law upon which they sslang and appears to that
they intended someof the restrictions affecting the